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FINAL BASIC ASSESSMENT REPORT CRABS CREEK RE-DEVELOPMENT
Portion 29 of the Farm Uitzicht NO 216
Contents Introduction ...................................................................................................................................................................... 2
Scope of assessment and contents of basic assessment reports ..................................................................................... 3
Section A ........................................................................................................................................................................... 5
Details of the EAP who prepared the draft Basic Assessment Report .............................................................................. 5
Expertise of the EAP, including a Curriculum Vitae .......................................................................................................... 5
Section B ......................................................................................................................................................................... 10
Location Information ...................................................................................................................................................... 10
Property Information ...................................................................................................................................................... 11
Property Description ....................................................................................................................................................... 11
Section C.......................................................................................................................................................................... 12
Locality Map .................................................................................................................................................................... 12
Plan of the proposed activity .......................................................................................................................................... 13
Section D ......................................................................................................................................................................... 14
Description of the scope of the proposed activity .......................................................................................................... 14
Description of the NEMA listed activities associated with the project ........................................................................... 15
Section E .......................................................................................................................................................................... 21
Description of the policy and legislative context within which the development is proposed: ..................................... 21
Integrated Coastal Management Act (Act No. 24 of 2008) ............................................................................................ 26
Section F .......................................................................................................................................................................... 30
Need and Desirability for the proposed development ................................................................................................... 30
Identification of plans, guidelines, spatial tools, municipal development frameworks and instruments that are
applicable to the proposed activity ................................................................................................................................ 30
Section G ......................................................................................................................................................................... 43
A motivation for the preferred site, activity and technology alternative ....................................................................... 43
Details of the alternatives considered ............................................................................................................................ 47
Section H ......................................................................................................................................................................... 47
1. Details of the public participation process undertaken in terms of regulation 41 of the regulations, including copies
and supporting documents and inputs. .......................................................................................................................... 47
Registration of Key Stake Holders ................................................................................................................................... 50
Availability of the Basic Assessment Report ................................................................................................................... 52
Comments and Response Report ................................................................................................................................... 53
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2. Site Description and Environmental Attributes .......................................................................................................... 57
Geographical and Physical Aspects ................................................................................................................................. 57
Locality Map .................................................................................................................................................................... 58
Biological Components ................................................................................................................................................... 60
VEGETATION ................................................................................................................................................................... 60
Protected Area ................................................................................................................................................................ 63
Ecological Support Area .................................................................................................................................................. 71
Critical Biodiversity Area ................................................................................................................................................. 72
Summary of Protected Areas, Ecological Support Areas and Critical Biodiversity Areas ............................................... 73
National Fresh Water Ecosystem Priority Areas ............................................................................................................. 74
Social Economic Value of the Activity ............................................................................................................................. 75
Heritage ........................................................................................................................................................................... 76
3. Methodology for Assessment of Impacts ................................................................................................................... 76
4. The impacts and risks identified for each alternative ................................................................................................. 78
5. Positive and negative impacts that the proposed activity and alternatives will have on the environment and on the
community. ................................................................................................................................................................... 102
Section I ......................................................................................................................................................................... 106
1. Conclusion and Recommendations ....................................................................................................................... 106
2. Recommended Mitigation and conditions of Authorisation .................................................................................... 106
Appendix A = Site Sensitivity Maps Including SDP
Appendix B = Letter from Municipality re water availability
Appendix C = Waste Water Treatment Works
Appendix D = Shoreline Stability Specialist Report
Appendix E = Flood Line Report
Appendix F = Vegetation Sensitivity Analysis
Appendix G = Public Participation.
Appendix H = Draft EMPr
Introduction The applicant Crabs Creek (Proprietary) Limited intends to rebuild the old restaurant, farm stall and a new residential
dwelling on Portion 29 of the Farm Uitzicht No 216. The application area is currently vacant but was until 2013 being
used as a tourist facility which included a restaurant and a farm stall.
Eco Route Environmental consultancy was appointed by the applicant as an independent environmental practitioner,
to facilitate the Basic Assessment Process as stipulated in terms of the National Environmental Management Act
(NEMA, Act 107 of 1998).
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This is the second application of Portion 29 of the Farm Uitzicht no 216. After various public participations and
consultations with the Department of Environmental Affairs (DEA) and the Department of Environmental Affairs and
Development Planning (DEA&DP) and SANParks, the preferred alternative has been amended to be more feasible
and acceptable to the receiving environment.
Scope of assessment and contents of basic assessment reports
Appendix 1 of Regulation 982 of the 2014 EIA Regulations describes the contents required to complete a basic
assessment report. The below table indicates how Appendix 1 requirements were incorporated into the basic
assessment report:
Scope of assessment and content of basic assessment reports
Index
(1) A basic assessment report must contain the information that is necessary for the competent authority to consider and come to a decision on the application, and must include -
(a) Details of – (i) The EAP who prepared the report; and (ii) The expertise of the EAP, including curriculum
vitae.
Section A of the Report.
(b) The location of the activity, including – (i) The 21 digit surveyor General Code of each
cadastral land parcel. (ii) Where available the physical address and farm
name. (iii) Where the required information items (i) and (ii)
is not available, the co-ordinates of the boundary of the property.
(i) Section B of the Report.
(ii) Section B of the Report.
(iii) Section B of the Report.
(c) a plan which locates the proposed activity or activities applied for as well as the associated structures and infrastructure at an appropriate scale, or, if it is
(i) A linear Activity, a description and coordinates of the corridor in which the proposed activity or activities is to be undertaken; or
(ii) On land where the property has not been defined, the coordinates within which the activity is to be undertaken.
Section C of this Report
(i) N/A
(ii) N/A
(d) a description of the scope of the proposed activity, including –
(i) All listed and specified activities triggered and being applied for; and
(ii) A description of the activities to be undertaken including associated structures and infrastructure
Section D of this Report
(i) Section D of this Report
(ii) Section D of this Report
(e) A description of the policy and legislative context within which the development is proposed, including –
(i) An identification of all legislation, policies, plans, guidelines, spatial tools, municipal development planning frameworks and instruments that are applicable to this activity and have been considered in preparation of the report; and
Section E of this Report
(i) Section E of this Report
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(ii) How the proposed activity complies with and responds to the legislation and policy context, plans, guidelines, tools frameworks and instruments.
(ii) Section E of this Report
(f) A motivation for the need and desirability for the proposed development, including the need and desirability of the activity in the context of the preferred location.
Section F of this report
(g) A motivation for the preferred site, activity and technology alternative
Section G of this report. The preferred alternative is a restaurant, farm stall and residential dwelling. (No re-zoning required, as consent use already in place). Alternative 1 would be a restaurant and 5 resort units (rezoning required).
(h) A full description of the process followed to reach the proposed preferred alternative within the site including:
(i) Details of all alternatives considered. (ii) Details of the public participation process
undertaken in terms of regulation 41 of the regulations, including copies and supporting documents and inputs.
(iii) A Summary of the issues raised by interested and affected parties, and an indication of the manner in which the issues were incorporated, or the reasons for not including them.
(iv) The environmental attributes associated with the alternatives focusing on the geographical, physical, biological, social, economic, heritage and cultural aspects.
(v) The impacts and risks identified for each alternative, including the nature, significance, consequence, extent, duration and probability of the impacts, including the degree to which these impacts – (aa) can be reversed (bb) may cause irreplaceable loss of resources; and (cc) can be avoided, managed or mitigated.
(vi) The methodology used in determining and ranking the nature, significance, consequences, extent, duration and probability of potential environmental impacts and risks associated with the alternatives.
(vii) Positive and negative impacts that the proposed activity and alternatives will have on the environment and on the community that may be affected focusing on the geographical, physical, biological, social, economic, heritage and cultural aspects.
(viii) The possible mitigation measures that could be applied and level residual risk
(ix) The outcome of the site selection matrix (x) If no alternatives, including alternative locations
for the activity were investigated, the motivation
Section G of this report. Section H of this report. Section H (1) of this report. Section H (2) of this report. Section H (4) of this report. Section H (3) of this report. Section H (5) of this report. Section I of this report. Section G of this report.
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for not considering such; and (xi) A concluding statement indicating the preferred
alternatives, including the preferred location of the activity.
Section I of this report.
Section A
Details of the EAP who prepared the draft Basic Assessment Report Draft Basic Assessment Report has been compiled by: Eco Route Environmental Consultancy
Environmental Assessment Practitioner: Janet Ebersohn
Highest Qualification: Bsc.Hons. Environmental Management
Postal Address: P.O. Box 1252 Sedgefield 6573
Office Tel: 044 343 2232
Cell: 082 55 77 122
Fax: 086 402 9562
Email: [email protected]
Expertise of the EAP, including a Curriculum Vitae
EXPERIENCE AND COMPETENCY– Environmental Impact Assessment
Name of Team member and role Project
Notes
Details of a Contactable reference
Name : Janet Ebersohn Role: Environmental Assessment Practitioner.
Jukani Wildlife Sanctuary Remainder of the Farm Oakhill No. 479, Bithou Municipality. DEA&DP Ref. No. EG 12/2/4/1-D1/14-0002/12
Environmental Authorization was obtained for the development of the Jukani Wildlife Sanctuary.
Welisa Holdings (Pty) Ltd. Contact : Mr. Tony Blignaut 082 353 3643 Mr.Jurg Ohlsen 083 444 5216
Name : Janet Ebersohn Role : Environmental Control Officer.
Jukani Wildlife Sanctuary Remainder of the Farm Oakhill No. 479, Bithou Municipality. DEA&DP Ref. No. EG 12/2/4/1-D1/14-0002/12
ECO Work Completed Welisa Holdings (Pty) Ltd. Contact : Mr. Tony Blignaut 082 353 3643 Mr.Jurg Ohlsen 083 444 5216
Name : Janet Ebersohn Role: Environmental Assessment Practitioner.
Knysna Forrest Village Erf. No. 5084 Knysna Municipality. DEA Ref. No. EG 12/12/20/2506
Environmental Authorisation Obtained
Circle Developers. Contact: Mr. Schalk van der Merwe 082 891 2476
Name : Janet Ebersohn Role: Environmental Assessment Practitioner.
Boardwalk on Portion 111 of the Farm Brakkloof no. 443 DEA&DP Ref. No. EG 12/2/4/1/D1/14/0035/11
Environmental Authorisation obtained.
Contact: Mr.L. Dippenaar 011 – 282 8066
Name : Colleen & Janet Ebersohn Role: Environmental Assessment Practitioner.
Goose Bumps (Log homes in Knysna Forest) DEA Ref. No EG 12/12/20/884/9
Environmental Authorisation obtained.
Contact: Mr. Mark Dale 021 – 794 8658
Name : Janet Ebersohn Role: Environmental Assessment Practitioner.
Lake Brenton Caravan Park, compilation of Environmental Management Programme (EMP)
EMP Authorized and accepted. Eco Work Continuing
Contact: Mr. B. Stevenson 044 – 381 0065
Name : Janet Ebersohn Role: Environmental Assessment
License a Boat Launching Site within a Marine Protected Area at Buffalo Bay /
Authorisation granted by Cape Nature.
Contact: Mr. L. Hoatson
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Practitioner. Goukamma Slipway , Buffalo Bay Knysna
033 – 251 0977
Name : Janet Ebersohn Role: Environmental Assessment Practitioner.
River Deck Restaurant Portion 6 of Buffelsvermaak no. 212, just off the N2, alongside the Goukamma River. Rectification of the unlawful commencement or continuation of listed activities: S24(G) of the National Environmental Management Act , 1998 (Act 107 of 1998) , as amended : DEA&DP. No. EG 14/2/1/D4/16/FARM 212/6
Environmental Authorisation obtained.
Contact: Mr.B. Terblance 044 – 383 0037
Name : Janet Ebersohn Role: Environmental Assessment Practitioner.
Residential House in Noetzie. DEA Ref. No. EG 14/12/16/3/3/1/557
Environmental Authorisation obtained.
Contact: Mr. J. van Wyk 011 – 442 8058
Name : Janet Ebersohn Role: Environmental Assessment Practitioner.
Proposed Residential Development on Portion 3 of the Farm Ganse Vallei 447, Bitou. DEA&DP Ref. No. EG 16/3/1/6/1/D1/15/0036/14
Basic Assessment Process Completed. Environmental Authorisation Obtained
Contact: Mr. Sean Mansfield 082 552 2244
Name : Janet Ebersohn Role: Environmental Assessment Practitioner.
The proposal for the construction and refurbishment of seawalls/embankments/stabilising structures for the entire Leisure Isle, Thesen Island coarse way, Noetzie near the old wagon road and along Charles de water street on Sedgefield Islands. DEA Ref. No. EG 14/12/16/3/3/1/1205
Still in the process with Basic Assessment Procedure. Project Closed by Knysna Municipality
Knysna Municipality Contact: Jonathan Mabula 044 302 6344 / 076 685 9110
Name : Janet Ebersohn Role: Environmental Assessment Practitioner/Wetland Specialist.
Proposed new Development ERF 12403, Knysna. DEA Ref. No. EG 14/12/16/3/3/1/1221
Still in the process with Basic Assessment Procedure.
Contact: Mr. Kosie Swart 083 250 9933
Name : Janet Ebersohn Role: Environmental Assessment Practitioner.
Dune Management Plan from Glentana CMU to Mossel Bay CMU.
Environmental Authorisation obtained.
Mossel Bay Municipality Contact: Mr. W. Manual 079 543 8202
Name : Janet Ebersohn Role: Environmental Assessment Practitioner.
Maintenance Management Plan (“MMP”) for the proposed stormwater upgrade works in Trekker street, Kranshoek, and Plettenberg Bay.
Environmental Authorisation obtained
Nadeson Consulting Services Contact: Clint Stockwell 021 418 49888
Name : Janet Ebersohn Role: Environmental Assessment Practitioner
Request for extension for the proposed ERF 3216, Myoli Beach Sedgefield DEA REF: 14/12/16/3/3/1/979
Environmental Authorisation Obtained
Dr. Ralinala Veronica Nyamhaka 082 551 6958 011 318 0540
Name Janet Ebersohn Assessment Practitioner.
Amendment of the Environmental Management Plan (Empr) for the proposed Knysna Affordable housing Project, Hornlee Sites: Knysna Local Municipality, Western Cape
Environmental Authorisation obtained
ABSA Property Development (Pty) Limited Contact: Mr C. Witbooi 021 915 5345 082 563 2867
Name: Janet Ebersohn & Samantha Robertson Assessment Practitioner
Honeybush Investments Farm wittedrift 306/7, Plettenberg Bay, Western Cape.
Preliminary Assessment S24G
Contact: Mike Mouwat 044 535 9086
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DEA Ref: G14/1/1/E3/4/2/3/L818/16/VOL 1 082 562 9806
Name: Samantha Robertson Assessment Practitioner
Erf 154 Construction of a new single residential dwelling on Erf No. 154, Rotsalaan No. 1 Cape St Francis, Kouga Municipality.
Environmental Authorisation obtained
Contact: Mr L. Fourie 082 567 7744
Name : Janet Ebersohn Role: Environmental Assessment Practitioner
Lake Brenton Berm DEA REF:
Environmental Authorisation Obtained (BAR) Eco Work
Contact: Alan Dogget 083 290 5559
Name : Janet Ebersohn Ptn 5 of the farm Roodeheuvel Nr 7. Proposed DAM
Scoping EIA Still in Process Contact: Henky Du plesses 082 396 4094
Name :Janet Ebersohn Environmental Assessment Practitioner
Featherbed Sea wall BAR Still In process Contact: Tracey Brink 082 922 6775
Name :Janet Ebersohn Environmental Assessment Practitioner
Eco Brandwacht Eco Work Contact: Jaques Tel: (021) 863 5000 Fax: 086 767 1689 Cell: 084 900 9992
Name : Janet Ebersohn Environmental Practitioner
Oakhill School Wetland Delineation Report Contact: Marike Vreken 044 382 0420 082 927 5310
Name : Janet Ebersohn Ptn 76 of the Farm Uitzight 216 Lake Brenton
Screening Phase Contact: Marike Vreken 044 382 0420 082 927 5310
Name: Janet Ebersohn Environmental Practitioner
SPK Umtata Maintenance Management Plan and Water use Licenses Authorisation Obtained
Samuel Makubo 035 789 7161 083 392 7941
Name: Janet Ebersohn Environmental Practitioner
Portion 55 of the Farm Noetzie 394 BAR Environmental Authorisation Obtained
James Van Wyk 011 442 8058
Name: Janet Ebersohn Environmental Practitioner
Erf 169 Hoekwill Oscae Permit Obtained Lucille [email protected]
Name: Janet Ebersohn Environmental Practitioner
Ptn 189/130 Rondevlei
Oscae Permit Obtained Mr PDG Dreyer 044 883 1027 082 678 2328
Name: Janet Ebersohn Environmental Practitioner
Erf 4012 Oscae Permit Obtained Contact: John Sayers 011 – 794 8810
Name: Janet Ebersohn Environmental Practitioner
Lake Brenton Resort Portion 92 (A Portion of Portion 53 Of the farm Uitzicht, Farm no. 216, Western Cape DEA REF:12/12/20/487
Variouse DAFF Permits Obtained Alan Dogget 083 290 5559
CURRICULUM VITAE (CV)
Position Title and No. Senior Environmental Assessment Practitioner
Name of Expert: Janet Ebersohn
Date of Birth: 23/05/1977
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Country of Citizenship/Residence South Africa
Education:
Institution: Tshwane University of Technology and Unisa
Year: 1998
Degree: National Diploma in Food Service Management
Institution: University of South Africa
Year: 2012
Degree: BSc. Hons in Environmental Management
Institution: Stellenbosch University
Year: 2012
Degree: Certificate on Flood Line Determination
Institution: Rhodes University
Year: 2013
Degree: Certificate on Wetland Delineation.
Employment record relevant to the assignment:
Period Employing organization and your
title/position. Contact info for references
Country Summary of activities performed relevant to
the Assignment
2008 -2010 Junior Environmental Assessment Practitioner
Reference: Dr C Ebersohn / Peet Joubert
South Africa Oscaer Permits, DAFF permits, Basic Assessment
Reports
2010 -2018 Senior Environmental Assessment Practitioner
Reference: Dr C Ebersohn
South Africa Social Impact Assessments, Wetland Delineation,
Environmental Impact Assessments and
Environmental Impact Reports pertaining to:
Residential Developments Industrial Developments Game Farm Management Water use license
applications Air quality license applications Permit applications for developments in
identified sensitive areas
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Environmental Management Programmes &
Frameworks pertaining to:
Residential Developments Industrial Developments Game Farm Management Water use license
applications
Waste management license applications Air quality license applications Permit applications for developments in
identified sensitive areas
Integrated Environmental and Conservation
Planning with Multi Spectrum Participation:
Environmental Management Programmes and training for companies
Environmental Management Programmes and training for NGO’s
Membership in Professional Associations:
International Association for Impact Assessment
Language Skills:
Languages Speaking Reading Writing English Excellent Excellent Excellent Afrikaans Good Good Good
Adequacy for the Assignment:
Detailed Tasks Assigned on Consultant’s Team of Experts:
Reference to Prior Work/Assignments that Best Illustrates Capability to
Handle the Assigned Tasks
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{List all deliverables/tasks as in TECH- 5 in which the
Expert will be involved)
Ms Janet has completed various Environmental Impact Assessment
Applications, Environmental Management Programmes and social impact
assessment reports. She has worked on the assessment of goods and services
that the wetlands provide, thereby aiding informed planning and decision
making.
Certification:
I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly describes myself, my
qualifications, and my experience, and I am available to undertake the assignment in case of an award. I
understand that any misstatement or misrepresentation described herein may lead to my disqualification or
dismissal by the Client, and/or sanctions by the Bank.
Janet Ebersohn
Name of Expert Signature Date
Section B
Location Information Province: Western Cape
District Municipality: Eden Municipality
Local Municipality: Knysna Municipality
Ward number(s): Ward 5
Nearest town(s): Knysna
Farm name(s) and number(s): Farm Uitzicht No 216
Portion number(s): Portion 29
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Property Information Farm Name Portion 29 of the Farm Uitzicht NO 216
Surveyor General 21 digit code: C03900010000021600029
Zoning: Agriculture with consent use for a restaurant, farm stall
Urban Edge: No
Applicant name: Crabs Creek (Pty) Ltd
Registration number (if applicant is a company): 91/04384/07
Trading name (if any): Crabs Creek (Pty) Ltd
Responsible person name: Mr John M. Sayers
Applicant/ Responsible person ID number: 5208195024082
Responsible position, e.g. Director, CEO, etc.: Developer
Physical address of applicant: 16 Olive Crest, 288 Quorn Drive, North Riding
Postal address: P.O. Box 41041, Craighall Park, Gauteng
Postal code: 2024
Telephone: (011) 794 8810
Fax: 086 605 9620
E-mail: [email protected]
GPS point middle of property: 34°01.59’.76” S 22°59’32.62”E
Property Description Portion 29 of the Farm Uitzicht NO 216 is situated within the Knysna Municipal Area and is located on the south western bank of the Knysna Estuary. SANParks has jurisdiction of the Knysna Estuary. The property is currently vacant, but was used for tourist facilities that include a restaurant, gift shop and farm store. The Restaurant was constructed at approximately 5 meters from the high water mark of the Knysna Estuary. In the interim the property owner demolished the restaurant, gift shop and farm store as it was being vandalised by vagrants. Alien Vegetation clearing was done on 18/08/2018.
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Section C
Locality Map
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Plan of the proposed activity
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Section D
Description of the scope of the proposed activity
The proposed development will consist of the following:
a Restaurant 400m² Farm Stall 200m² Residential Dwelling 500m²
As can be seen from the proposed plan the buildings are being setback from the original footprints of the buildings to the +2.85m MSL contour and lifted to +3.2m MSL, this is to take climate change and storm surges into consideration. Laurie Barwell’s Shoreline stability assessment and abiotic design parameters for the proposed development on portion 29 of farm Uitzicht 216, Belvidere Knysna the following key findings will be included to prevent flooding and climate change:
Floor levels will be raised to + 3,2 m MSL Service infrastructure (e.g. water, sewage and electricity cable lines) will be located above +2,85 m MSL The establishment of a retention pond/wetland at the entrance of the property to control stormwater run
off from the Brenton road that is resulting in embankment erosion of the Knysna Estuary at the stormwater outlet.
Rehabilitation of the upper marsh area and Ecotone
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Description of the NEMA listed activities associated with the project
Before any of the below listed activities can commence, authorisation must be obtained from the Department of
Environmental Affairs (DEA). The following activities as per NEMA Regulations have been identified below:
Listed activity as described in GN R.325, 324, 327 Description of project activity
GN R.327 activity 12: The development of – (ii) infrastructure or structures with a physical footprint
of 100 square meters or more Where such development occurs – (c) if no development setback exists, within 32 metres of
a watercourse, measured from the edge of a watercourse
Even though the proposed development is being setback from its original footprints, the proposed development is still within 32 meters from the Knysna Estuary which is divined as a watercourse. The proposed development will be a total of 1100² which will consist of:
a Restaurant 400m² Farm Stall 200m² Residential Dwelling 500m²
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GN R.327 activity 17: Development – (v) if no development setback exists, within a distance of 100 meters inland of the high-water mark of the sea or an estuary, whichever is the greater; In respect of – (e) infrastructure or structures with a development footprint of 50 square meters or more
Even though the proposed development is being setback from its original footprints, the proposed development is still within 100 meters from the Knysna Estuary which is divined as a watercourse. The proposed development will be a total of 1100² which will consist of:
a Restaurant 400m² Farm Stall 200m² Residential Dwelling 500m² Associated water and sewage infrastructure Municipal water supply is provided by the
Knysna Municipality. Additional water will be supplied by rain water
tanks and the existing borehole. Sewage infrastructure is already in place as per
the previous building used to pump sewage to the Clear Water Sewage Waste water treatment plant.
Eskom Power is available on site.
GN R.327 activity 19A: The infilling or depositing of any material of more than 5 cubic meters into, or the dredging, excavation, removal or moving of soil, sand, shells, shell grit, pebbles or rock of more than 5 cubic metres from – (ii) the littoral active zone, an estuary or a distance of 100 meters inland of the high-water mark of the sea or an estuary, whichever distance is the greater
To raise the floor levels to 3.2m MSL it is proposed to construct the buildings on strip foundations (placing the buildings on stilts) this will result in the removal of more than 5 cubes of soil within 100 meters of the Knysna Estuary.
GN R 324 Activity 6: The development of resorts, lodges, hotels, tourism or hospitality facilities that sleeps 15 people or more. i. Western Cape ii. Outside urban areas (aa) Critically biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans; or (bb) within 5km from national parks, world heritage sites, areas identified in terms of NEMPAA or from the core area of a biosphere reserve
Alternative 2 will consist of 5 sectional title homes. The preferred alternative residential dwelling may be turned into a bed and breakfast accommodation. The property is located on the banks of the Knysna Estuary which is an protected area. Certain areas of the property fall within a CBA and ESA area.
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GN R.324 activity 12: The clearance of an area of 300 square meters or more of indigenous vegetation except where such clearance of indigenous vegetation is required for maintenance purposes undertaken in accordance with a maintenance management plan. i. Western Cape i. Within a critically endangered or endangered ecosystem listed in terms of section 52 of the NEMBA or prior to the publication of such a list, within an area that has been identified as a critically endangered in the National Biodiversity Assessment 2004. (iii) Within the littoral active zone or 100 meters inland from the high water mark of the sea or an estuarine functional zone, whichever distance is the greater, excluding where such removal will occur behind a development setback line on erven in urban areas.
GIS mapping indicates Critical Endangered Knysna Fynbos. More than 300 square meters of vegetation will be removed for the proposed development. It must be noted that as per the Biodiversity report: ± 10% Cover: Indigenous Vegetation, mostly restricted to the ecotone and Salt marsh area, interspersed with dense stands of alien Kikuyu lawn grass. ±10% Cover: Indigenous herbal cover species including indigenous grass species. ±10% Cover: Tree species on site predominantly non invasive alien "garden" species. Lantana camara a declared weed and aggressive alien invasive species occur on site, mostly amongst the garden remnant vegetation and along the concrete wall below the provincial road. 70% (transformed Area) - as a result of previous construction activities and parking areas.
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GN R.324 activity 14: The development of – (ii) infrastructure or structures with a physical footprint of 10 square meters or more; Where such development occurs – (c) if no development setback has been adopted within 32 meters of a watercourse, measured from the edge of a watercourse. i. Western Cape i. Outside urban areas (dd) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority. (ff) Critically biodiversity areas or ecosystem service areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans. (hh) Areas on the estuary side of the development setback line or in an estuarine functional zone where no such setback line has been determined.
Portion 29/216 is not located within the urban edge. The proposed development will be located within 32 meters of the Knysna Estuary and will exceed 10 square meters. GIS maps indicate Ecological Support Area (RES): Category 1: ESA2: Restore from other land use
Definition: Areas that are not essential for meeting biodiversity
targets, but that play an important role in supporting the
functioning of PAs or CBAs, and are often vital for
delivering ecosystem services.
Objective: Restore and/or manage to minimize impact on ecological
processes and ecological infrastructure functioning,
especially soil and water-related services, and to allow for faunal movement.
No formal setback lines have been adopted by the competent authority.
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Principals contained in Section 2 of the National Environmental Management Act, 1998 (Act 107 of 1998), as amend Environmental management must place people and their needs at the forefront of its concern, and serve their physical, psychological, developmental, cultural and social interests equitably. The property is currently vacant, but was used for tourist facilities that include a restaurant, and farm store. The developer intends to re develop the property into a restaurant, farm stall and residential dwelling
Development must be socially, environmentally and economically sustainable. The property was previously used as a
tourist facility that was very popular to local communities and tourist.
(a) Sustainable development requires the consideration of all relevant factors including the following:
(i) That the disturbance of ecosystems and loss of biological diversity are avoided, or, where they cannot be
altogether avoided, are minimised and remedied;
It is suggested that the proposed development works closely with SanParks to minimize negative impacts on
the receiving environment. Rehabilitation to the Salt Marsh and Coastal Forest Thicket will ensure that the
ecological corridor along the Knysna Estuary towards the Knysna Heads is extended. A Biodiversity /Wetland
Specialist need to be appointed to write a Rehabilitation plan for the Salt Marsh and Coastal Forest Thicket
rehabilitation areas, if Environmental Authorisation is obtained. This plan must be approved by SANParks
prior to rehabilitation. The rehabilitation of the upper marsh area and Ecotone here defined from the
current Highest Astronomical Tide level of +14.42 m MSL up to the +2.0 MSL contour, The establishment of a
further rehabilitated upper marsh area up to 2050 hazard line to form a (future) surge inundation area
should be incorporated into the landscape design.
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(ii) That pollution and degradation of the environment are avoided, or, where they cannot be altogether
avoided, are minimised and remedied;
The salt marsh and wetland area is to be avoided and rehabilitation of the salt marsh is encouraged.
Provision should be made to effectively manage stormwater run-off from the Brenton Road reserve onto
Portion 29 and 150 so-as to avoid ponding and uncontrolled stormwater run-off during high intensity rain. It
is proposed to establish a retention pond/artificial wetland at the entrance of the site to assist with
stormwater run. The impact statement and mitigation measures should be adhered to, to prevent
degradation of the Environment.
(iii) that the disturbance of landscapes and sites that constitute the nation's cultural heritage is avoided, or
where it cannot be altogether avoided, is minimised and remedied;
This is not a cultural site.
(iv) that waste is avoided, or where it cannot be altogether avoided, minimised and re-used or recycled where
possible and otherwise disposed of in a responsible manner;
The waste hierarchy will be followed during the construction and operational phase of the project.
(v) that the use and exploitation of non-renewable natural resources is responsible and equitable, and takes
into account the consequences of the depletion of the resource;
No wastage will occur on site during the construction phase. Rain water tanks to be established at each
building. Solar energy to be implemented.
(vi) that the development, use and exploitation of renewable resources and the ecosystems of which they are
part do not exceed the level beyond which their integrity is jeopardised;
Rainwater tanks and solar energy will be implemented. Rehabilitating the Salt Marsh, retreating from the
high water mark and Elevating the floor levels to +3.2m MSL will protect and enhance the ecosystems on
site. Rehabilitation to the Salt Marsh will ensure that the ecological corridor along the Knysna Estuary
towards the Knysna Heads is extended.
(vii) that a risk-averse and cautious approach is applied, which takes into account the limits of current
knowledge about the consequences of decisions and actions;
A risk-averse and cautious approach is being applied when assessing the receiving environment and peoples
environmental rights. The proposed SDP has been changed according to the Shoreline Stability Assessment
and Abiotic Design Parameters for the Proposed Development on Portion 29 of the Farm Uitzicht 216,
Belvidere, Knysna.
(viii) that negative impacts on the environment and on people's environmental rights be anticipated and
prevented, and where they cannot be altogether prevented, are minimised and remedied.
Negative impacts on the environment and peoples environmental rights will be identified and mitigation
measures put in place to prevent negative impacts and enhance positive impacts.
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Section E
Description of the policy and legislative context within which the development is
proposed:
The applicant is required to comply with all the required legislation and policies for the proposed development of a
Restaurant, farm stall and residential dwelling on Portion 27 of the Farm Uitzicht No 216.
The following table below indicates the legislation, and guidelines of all spheres of government that are applicable to
the application as contemplated in the EIA regulations.
LEGISLATION ADMINISTERING
AUTHORITY
TYPE Permit/ license/ authorisation/comment / relevant consideration (e.g.
rezoning or consent use, building plan
approval)
APPLICABILITY TO THE
PROPOSED DEVELOPMENT
ENVIRONMENTAL CONSERVATION ACT (ACT 73 OF 1989)
Department of Environmental Affairs, Republic of South Africa. All State and Provincial Departments as well as Local Authorities that have been identified as relevant Competent Authorities.
PERMIT / LICENSE/ AUTHORIZATION /
COMMENT/ RELEVANT
CONSIDERATION
The Environment Conservation
Act makes provision for the
protection of areas which
have particular environmental
importance, which are
sensitive, or which are under intense pressure
from development. In
many regions, our coastal zone
needs protection for all
these reasons.
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NATIONAL ENVIRONMENTAL MANAGEMENT ACT (ACT 107 OF 1998) AND THE 2014 EIA REGULATIONS AS AMENDED IN 2017
Department of Environmental Affairs, Republic of South Africa. All State and Provincial Departments as well as Local Authorities that have been identified as relevant Competent Authorities.
PERMIT / LICENSE/ AUTHORIZATION /
COMMENT/ RELEVANT
CONSIDERATION
In process of a BAR application
NATIONAL ENVIRONMENTAL MANAGEMENT: BIODIVERSITY ACT (ACT NO 10 OF 2004)
Department of Environmental Affairs, Republic of South Africa. All State and Provincial Departments as well as Local Authorities that have been identified as relevant Competent Authorities.
PERMIT / LICENSE/ AUTHORIZATION /
COMMENT/ RELEVANT
CONSIDERATION
Cape Nature to provide
comment. A vegetation Sensitivity
analysis specialist study
was undertaken.
NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT (ACT NO 24 OF 2008)
Department of Environmental Affairs, Republic of South Africa. All State and Provincial Departments as well as Local Authorities that have been identified as relevant Competent Authorities.
PERMIT / LICENSE/ AUTHORIZATION /
COMMENT/ RELEVANT
CONSIDERATION
The ICM Act is a specific
environmental management act
under the umbrella of
NEMA.
NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT (ACT 57 OF 2003) REGULATIONS FOR THE PROPER ADMINISTRATION OF THE KNYSNA PROTECTED ENVIRONMENT (R 1175 OF DEC 2009)
Department of Environmental Affairs, Republic of South Africa. All State and Provincial Departments as well as Local Authorities that have been identified as relevant Competent Authorities. SANParks Jurisdiction After the first application and comments from SANParks to support the existing zoning as Agriculture 1 with consent uses for a farm stall and tourism facility remains in place. (22/11/2016)
PERMIT / LICENSE/ AUTHORIZATION /
COMMENT/ RELEVANT
CONSIDERATION
(R 1175 OF DEC 2009): 8.(1) No person may, without prior authorisation in writing of the management authority, in the development control area – (a) undertake any development
The new application is in line with SANParks comments received on the previous application
Department of Environmental Affairs, Republic of South Africa.
PERMIT / LICENSE/ AUTHORIZATION /
COMMENT/
The Waste Hierarchy will be
adhered too
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NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT (ACT 59 OF 2008)
All State and Provincial Departments as well as Local Authorities that have been identified as relevant Competent Authorities.
RELEVANT CONSIDERATION
during the construction and
operational phase. The Empr covers the waste disposal aspect
in detail.
NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT (ACT NO 39 OF 2004)
Department of Environmental Affairs, Republic of South Africa. All State and Provincial Departments as well as Local Authorities that have been identified as relevant Competent Authorities.
PERMIT / LICENSE/ AUTHORIZATION /
COMMENT/ RELEVANT
CONSIDERATION
N/A
NATIONAL FORESTS ACT (ACT 84 OF 1998)
Department of Environmental Affairs, Republic of South Africa. All State and Provincial Departments as well as Local Authorities that have been identified as relevant Competent Authorities. DAFF Jurisdiction
PERMIT / LICENSE/ AUTHORIZATION /
COMMENT/ RELEVANT
CONSIDERATION
No protected trees to be cut,
destroyed or damaged
FORESTRY LAWS AMENDMENT ACT (ACT 35 OF 2005)
Department of Environmental Affairs, Republic of South Africa. All State and Provincial Departments as well as Local Authorities that have been identified as relevant Competent Authorities. DAFF Jurisdiction
PERMIT / LICENSE/ AUTHORIZATION /
COMMENT/ RELEVANT
CONSIDERATION
N/A
NATIONAL WATER ACT (ACT 36 OF 1998)
Department of Environmental Affairs, Republic of South Africa. All State and Provincial Departments as well as Local Authorities that have been identified as relevant Competent Authorities. Dept of Water Affairs Jurisdiction
PERMIT / LICENSE/ AUTHORIZATION /
COMMENT/ RELEVANT
CONSIDERATION
The borehole on site needs to be
registered.
Department of PERMIT / LICENSE/ The borehole on
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WATER SERVICES ACT (ACT 108 OF 1997)
Environmental Affairs, Republic of South Africa. All State and Provincial Departments as well as Local Authorities that have been identified as relevant Competent Authorities. Dept of Water Affairs Jurisdiction
AUTHORIZATION / COMMENT/ RELEVANT
CONSIDERATION
site needs to be registered.
SEA SHORE ACT (ACT 21 OF 1935)
Department of Environmental Affairs, Republic of South Africa. All State and Provincial Departments as well as Local Authorities that have been identified as relevant Competent Authorities.
PERMIT / LICENSE/ AUTHORIZATION /
COMMENT/ RELEVANT
CONSIDERATION
N/A
WESTERN CAPE NATURE CONSERVATION LAWS AMENDMENT ACT (ACT 3 OF 2000)
Department of Environmental Affairs, Republic of South Africa. All State and Provincial Departments as well as Local Authorities that have been identified as relevant Competent Authorities. CapeNature Jurisdiction
PERMIT / LICENSE/ AUTHORIZATION /
COMMENT/ RELEVANT
CONSIDERATION
Cape Nature to provide
comment. A vegetation Sensitivity
analysis specialist study was undertaken
CONSERVATION OF AGRICULTURAL RESOURCES ACT (ACT 43 OF 1983)
Department of Environmental Affairs, Republic of South Africa. All State and Provincial Departments as well as Local Authorities that have been identified as relevant Competent Authorities. Dept. of Agriculture Jurisdiction
PERMIT / LICENSE/ AUTHORIZATION /
COMMENT/ RELEVANT
CONSIDERATION
Department of Agriculture to
provide comment
NATIONAL HERITAGE RESOURCES ACT (ACT 25 OF 1999)
Department of Environmental Affairs, Republic of South Africa. All State and Provincial Departments as well as Local Authorities that have been identified as relevant Competent
PERMIT / LICENSE/ AUTHORIZATION /
COMMENT/ RELEVANT
CONSIDERATION
An application was made in
terms of section 38(8) of the
NHRA
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Authorities.
NATIONAL HEALTH ACT (ACT 61 OF 2003)
Department of Environmental Affairs, Republic of South Africa. All State and Provincial Departments as well as Local Authorities that have been identified as relevant Competent Authorities. Dept. of Health Jurisdiction
PERMIT / LICENSE/ AUTHORIZATION /
COMMENT/ RELEVANT
CONSIDERATION
In terms of this Act, a Health
and Safety Officer and
protocol must be implemented
during the construction
phase.
THE SOUTH AFRICAN ROADS AGENCY LIMITED AND NATIONAL ROADS ACT (ACT 7 OF 1998)
Department of Environmental Affairs, Republic of South Africa. All State and Provincial Departments as well as Local Authorities that have been identified as relevant Competent Authorities. SANRAL Jurisdiction
PERMIT / LICENSE/ AUTHORIZATION /
COMMENT/ RELEVANT
CONSIDERATION
Asked to participate
during the PPP
Outiniqua Sensitive Coastal Area Extension Report (OSCAER)
Department of Environmental Affairs, Republic of South Africa. All State and Provincial Departments as well as Local Authorities that have been identified as relevant Competent Authorities.
PERMIT / LICENSE/ AUTHORIZATION /
COMMENT/ RELEVANT
CONSIDERATION
After Environmental Authorisation is
obtained it is required to apply for an
OSCAER permit
POLICY/ GUIDELINES ADMINISTERING AUTHORITY
EIA guideline and information document series. Guideline on
transitional arrangements march 2013
Department of Environmental Affairs,
Republic of South Africa.
All Provincial Departments that have been identified as Competent
Authorities.
EIA guideline and information document series. Guideline on Generic Terms of Reference for EAPS and Project Schedules
Department of Environmental Affairs, Republic of South Africa.
All Provincial Departments that have
been identified as Competent
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Authorities.
EIA guideline and information document series. Guideline on Public Participation
Department of Environmental Affairs, Republic of South Africa.
All Provincial Departments that have
been identified as Competent Authorities.
EIA guideline and information document series. Guideline on Alternatives
Department of Environmental Affairs, Republic of South Africa.
All Provincial Departments that have
been identified as Competent Authorities.
EIA guideline and information document series. Guideline on Need and Desirability
Department of Environmental Affairs, Republic of South Africa.
All Provincial Departments that have
been identified as Competent Authorities.
DEA&DP (2010) Guideline on Public Participation, EIA Guideline and Information Document Series. Western Cape Department of Environmental Affairs & Development Planning (DEA&DP)
Western Cape Department of
Environmental Affairs and Development Planning (DEA&DP)
Integrated Coastal Management Act (Act No. 24 of 2008)
Integrated Coastal Managment (ICM) promotes the use of defensible scientific information in conjunction with the
principles of cooperative governance in order to achieve sustainable development. The ICM Act is a specific
environmental management act under the umbrella National Environmental Management Act [NEMA (Act No. 107
of 1998)]. The act needs to be taken into consideration for the proposed development of Crabs Creek in order to
promote the conservation of the coastal environment, and to maintain the natural character of the Knysna Estuary.
The below table indicates how the principles for coastal management as per the ICM Act have been taken into
consideration for the proposed development of Crabs Creek:
PRINCIPLE OF ICM DESCRIPTION PROPOSED CRABS CREEK DEVELOPMENT
National Asset The coast must be retained as a national asset, with public rights to access and benefit from the opportunities provided by coastal resources.
Public access to the Knysna Estuary is provided by the SANParks public jetty and Slipway, bordering the property to the west on RE/13/216
Economic Development Coastal economic development opportunities must be optimised to meet society’s needs and promote
It must be noted that prior to this application a restaurant and farm stall was present on site that was demolished. This
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the wellbeing of coastal communities.
was a popular tourist attraction for many years and provided employment opportunities to the community.
Social Equity Coastal management efforts must ensure that all people, including future generations, enjoy the rights of human dignity, equality and freedom.
The proposed development will not impact on human rights, dignity and equality.
Ecological Integrity The diversity, health and productivity of coastal ecosystems must be maintained and, where appropriate, rehabilitated.
The buildings will be setback from the original footprint in order to ensure ecological integrity of the area. Kikuyu grass is encroaching on the salt marsh, this will be removed and the disturbed areas of the salt marsh will be rehabilitated to ensure ecological integrity within the Ecotone.
Holism Must be treated as a distinctive and invisible system, recognising the interrelationships between coastal users and ecosystems, and between the land, sea and air
In order to enhance the ecosystems the Ecotone will be rehabilitated and the new proposed buildings will be setback from the original footprint.
Risk Aversion & Precaution Coastal management efforts must adopt a risk averse and precautionary approach under conditions of uncertainty.
A Coastal engineer was appointed in order to address any uncertainties. As per the coastal engineers recommendations the buildings and services will be setback to the +2.85msl and lifted to +3.2msl
Accountability & Responsibility Coastal management is a shared responsibility. All people must be held responsible for the consequences of their actions, including financial responsibility for negative impacts.
Agree, therefore it is proposed to rehabilitate the salt marsh and prevent further embankment erosion resulting from the stormwater pipe that redirects storm water from the Brenton road into the estuary. Further embankment erosion will be prevented by redirecting the roads stormwater into an artificial wetland and by stabilising the banks with large sandbags.
Duty of Care All people and organisations must act with due care to avoid negative impacts on the coastal environment and coastal resources
Please refer to the impact and mitigation section in the BAR to address, avoid and minimize negative impacts on the receiving environment.
Integration & Participation A dedicated, co-ordinated and integrated coastal management approach must be developed and conducted in a participatory, inclusive and transparent manner.
The proposed development has been made available to the public, organs of state and NGO’s through two public participation process please refer to the public participation section in the Final BAR.
Co-operative Governance Partnerships between government, the private sector and civil society must be built in order to ensure co-responsibility for coastal management and to empower stakeholders to participate effectively.
SANParks the custodians of the Knysna Estuary has been approached throughout the process. Rehabilitation of the Salt marsh and further proposed embankment erosion prevention measure indicates the developer’s intention to prevent environmental and coastal degradation.
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Activities within the coastal zone many have a negative impact on the receiving environment. In order to minimize or
mitigate these impacts, the NEMA makes provision to obtain environmental authorisation prior to implementing the
activities. In addition to the NEMA requirements and criteria for environmental authorisation, the ICM Act provides
for additional criteria that must be considered by the relevant competent authority (DEA) when evaluating an
application for an activity which will take place in the coastal zone. Four key questions must guide the issuing of
environmental authorisation, these are set out below:
ENVIRONMENTAL AUTHORISATIONS
1. What must the competent authority take into account when considering an application for environmental authorisation?
Representations made by the applicant and by interested and affected parties.
The applicant appointed an EAP
Specialist studies were conducted (Biodiversity, Coastal Engineer, Architect)
A draft BAR and Final BAR was placed in the public domain according to appendix 1 in NEMA.
A comments and response report in the final BAR addressed the organs of state and NGO’s concerns.
Sufficient information is contained in the final BAR to make an informed decision by the competent authority.
The applicants past record in complying with similar authorisations.
The applicant has a clean record when complying with similar authorisations.
If coastal public property, coastal access land or coastal protection zone will be affected by the proposed action.
The property was previously developed as a restaurant and farm stall.
The proposal is moving the development back from the original footprint to take climate change into consideration.
Access to the Knysna Estuary will not be affected as there is a SANParks public jetty and slipway adjacent to the property.
Rehabilitation of the salt marsh is a positive impact on the coastal protection zone.
Managing the storm water from the Brenton road to prevent embankment erosion is a positive impact on the coastal protection zone.
Estuarine management plans, CMPs and coastal management objectives.
There is no formal Estuarine Management Plan for the Knysna Estuary. A formal Plan will only be completed by 2019.
The socio-economic impact if that activity or action is authorised not authorised.
Socioeconomics is the social science that studies how economic activity affects and is shaped by social processes. In general it analyzes how societies progress, stagnate, or regress because of their local or regional economy, or the global economy
If the activity is authorised the positive socio-economic impacts are job creation and tourist facility. Before the demolition of the old restaurant the Crabs Creek facility was a well known tourist facility.
The likely impact on the coastal environment including the cumulative effect.
Please refer to the impact assessment section in this report.
The likely effect of coastal processes (such as wave, current and wind action, erosion,
A coastal engineer was appointed to conduct a specialist study taking all the coastal processes
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accretion, sea level rise, storm surges and flooding) on the activity.
into consideration. Please refer to his attached specialist report.
The coastal engineer recommended that the buildings be setback to the +2.85 MSl and lifted to +3.2 MSL, this has been adhered to in the SDP.
The SDP also indicates the 1:100 year flood line and the new proposed development are not situated within the 1:100 year flood line.
The objectives to the ICM Act which apply to the activity:
1. Determination of the coastal zone in South Africa.
2. Provision for co-ordinated and integrated management of the coastal zone.
3. Preservation, protection, extension and enhancement of coastal public property.
4. Equitable access to coastal public property.
5. Giving effect to South Africa’s obligations under international coastal marine law
The proposed development is within the coastal zone.
SANParks is the custodians of the coastal area 50 meters from the high water mark of the Estuary. SANParks does not object to the preferred alternative. See attached comments.
Setting back the buildings to the +2.85MSL and rehabilitation of the salt marsh.
SANParks has a public jetty and slipway adjacent to the property.
N/A
2. Under what circumstance may the competent authority NOT issue and environmental authorisation? If the development/ activity:
Is situated in within the coastal public property and is inconsistent with the objective of conserving and enhancing coastal public property for the benefit of current and future generations
The rehabilitation of the salt marsh and the setting back of the buildings to the +2.85 amsl will enhance and conserve coastal public property, for the benefit of all as there will be a restaurant where the public can enjoy the environment.
Is situated within the coastal protection zone or coastal access land, and does not further the purpose for which this land was designated
The land is zoned Agricultural zone 1 with consent use for a restaurant and farm stall.
Is likely to cause irreversible or long lasting adverse effects on the coastal environment that cannot be properly mitigated.
Please refer to the impact assessment report.
Is likely to be significantly damaged or affected by dynamic coastal processes.
Please refer to the coastal engineer report.
Will not be in the interest of the community as a whole.
The previous land use was a restaurant and the community benefited from this. Job creation and a tourist attraction are two positive impacts on the community.
3. Under what circumstances may the competent authority allow activities or developments in coastal public property, the coastal protection zone or coastal access land?
If the proposed activity or development cannot be located anywhere else; or
There is only one site. It is important to note that previously a restaurant and farm stall was situated on site.
If the development or activity will provide important services to the public when using coastal public property, the coastal zone, coastal access land or a coastal protected area.
The proposed development will be a tourist attraction and will create job opportunities.
4. Under what circumstances may the Minister grant an environmental authorisation in the coastal zone?
Activities that cannot be approved by the competent authority (see 2 above) may under certain circumstances be referred to the Minister for consideration. The
N/A
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Minister may, after consultation with the MEC, issue such an authorisation if he or she believes that:
Allowing the proposed activity to take place will be in the interest of the whole community, despite the negative effects on the coastal zone; and
On condition that any irreversible or long-lasting adverse affects can be mitigated.
Section F
Need and Desirability for the proposed development
The need for and the desirability of a proposed development forms a key component of any EIA application. The
consideration of proposed developments in context of the various spatial planning tools and policy applicable to the
study area forms an integral part of the present environmental processes. The “need and desirability” will be
determined by considering the broader community’s needs and interests as reflected in a credible IDP, SDF and EMF
for the area, and as determined by the EIA .It is essential that national policies and strategies supports growth in the
economy. It is also essential and that these policies takes cognisance of strategic concerns such as climate change,
food security, as well as the sustainability in supply of natural resources and the status of our ecosystem services. In
other words, to achieve our Constitutional goal of a better quality of life for all now and in future, through equitable
access to resources and shared prosperity, it is essential that society improves on the efficiency and responsibility
with which we use resources, and improve on the level of integration of social, economic, ecological and governance
systems [DEA (2017), Guideline on Need and Desirability, Department of Environmental Affairs (DEA), Pretoria, South
Africa ISBN: 978-0-9802694-4-4]
It must be noted that this development did exist previously and was seen as a very popular tourist destination.
The local residents of the adjoining areas also frequently visited the restaurant and farm stall. It created work
opportunities to the people in the community.
Identification of plans, guidelines, spatial tools, municipal development
frameworks and instruments that are applicable to the proposed activity
The below table identifies all plans, guidelines, spatial tools, municipal development frameworks that are applicable
to the proposed activity:
Is the activity permitted in terms of the properties existing land use rights?
Portion 29 of the Farm Uitzicht No 216 is currently zoned as “Agriculture Zone I” with consent use for a tourism facility and farm store, in terms of the Section 8 Zoning Scheme Regulations. Agricultural Zone 1 Use Of Property The following use restrictions apply to property in this zone: (a) Primary uses are: agriculture, dwelling house (b) Consent uses are: additional dwelling unit, home occupation, guest-house, bed and breakfast establishment, tourist facilities, farm stall, farm shop, aqua-culture, intensive animal farming, intensive horticulture, plant nursery, riding school, 4x4 trail, commercial kennel, commercial antenna.
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Therefore the proposed activity is in line with the current zoning with consent use for the construction of:
A residential dwelling
Restaurant
Farm stall Will the activity be in line with the Provincial Spatial Development Framework (PSDF)
The Western Cape Provincial SDF was approved in 2014 by the Western Cape parliament and serves as
strategic spatial planning policy that “communicates the provinces spatial planning agenda”.
The recent shift in legislative and policy frameworks have clearly outlined the roles and responsibility of
provincial and municipal spatial planning and should be integrated towards the overall spatial structuring
plan for the province to create and preserve the resources of the province more effectively through
sustainable urban environments for future generations. This shift in spatial planning meant that provincial
inputs are in general limited to provincial scale planning. However it is important to note some of the key
policies laid down by the PSDF have a bearing on the application.
The proposed development compliments the SDF spatial goals that aim to take the Western Cape on a path
towards:
(i) Greater productivity, competitiveness and opportunities within the spatial economy;
(ii) More inclusive development in the urban areas;
(iii) Strengthening resilience and sustainable development.
However it is important to note some of the key policies laid down by the draft PSDF have a bearing on the
application.
Policy R1: Protect Biodiversity & Ecosystem Services
2. The Western Cape’s CBA mapping, must inform spatial planning and land use management decisions throughout the province.
Policy R3: Manage, Protect & Sustainably Use Provincial Agricultural & Mineral Resources
2. Promote and drive agri-tourism and agri-processing / value addition to increase the export value of
agricultural goods in the agricultural areas of the Western Cape.
Policy R5: Protect & Manage All Provincial Landscape & Scenic Assets
1. Scenic & Landscape character considerations must have explicit input on Land Use Management and
infrastructure -development in the Western Cape.
2. The protection and enhancement of regional landscapes and scenic assets rely on appropriate responses
to the heritage, biodiversity, agricultural and scenic assets of the province. It is essential to the future
sustainability of the Western Cape that agricultural resource areas, ecosystem services, heritage and scenic
assets are not undermined through inappropriate development and land use change.
5. Priority focus areas proposed for conservation or protection include:
(i) Rural landscapes of scenic and cultural significance situated on major urban edges and under
increasing development pressure;
(ii) Undeveloped coastal landscapes under major development pressure;
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Landscapes under pressure for large scale infrastructural developments
Policy E2: Diversify & Strengthen the Rural Economy
4. Compatible and sustainable rural activities (i.e. activities that are appropriate in a rural context, generate
positive socio-economic returns, and do not compromise the environment or ability of the municipality to
deliver on its mandate) and of an appropriate scale and form can be accommodated outside the urban edge.
The 2009 PSDF draft Rural Land Use Planning & Management Guidelines should be reviewed and updated to
serve as basis for clarifying the interpretation of this policy. The following criteria should be applied in
assessing consistency with this policy:
(i) Environmental authorisation;
(ii) Compatibility with land use activities suitable in the CBA it is situated in, and subject to an EIA
(iii) Does not alienate unique or high value agricultural land, or compromise existing farming
activities.
(iv) Does not compromise the current or future possible use of mineral resources
Policy E3: Revitalise and Strengthen Urban Space-Economies as the Engine of Growth
1. Priority should be given to building the national competitive advantages and innovation of the Western
Cape established and emerging regional economic centres through appropriate health care to support
the knowledge economy.
Policy S4: Ensure Balanced & Coordinated Delivery of Facilities and Social Services
1. Balance sustainable service delivery and equitable access to education and health services to improve
equitable access to social services
Planning Implication:
Given the fact that the majority of the site has been disturbed as a result of historic land uses on the property
little biodiversity precedents is evident on the property in terms of natural vegetation. The location of the
restaurant has been specifically selected on disturbed areas to mitigate further destruction of biodiversity
properties on site. The environmental management plan will mitigate the impact during construction phase
and ensure that the proper management tools are incorporated by the proposed development to promoting
biodiversity off sets and facilitate ecosystem health along the banks of the Knysna Estuary. The proposed
development will contribute to economic expenditure within the Knysna Municipality ultimately fostering
economic growth within the town of Knysna. The development is highly consistent with other resort and
tourist facilities already established in the area promoting a pattern of integrated land uses. Therefore the
proposed uses on the property will align with the development policies of the Western Cape Spatial
Development Framework 2014.
Above information extracted from Marike Vreken Urban and Environmental Planners report March
The property is situated outside of the Urban Edge
According to the KSDF the proposed development is situated outside the “Urban Edge” but within a “Rural Node”.
The surrounding land uses are predominantly rural in character, with a mixture of residential, tourist facilities and tourism accommodation. Several agricultural zoned properties occur in the area, but given the challenging topography of the area, these are not productive farms. These properties are used for rural residential and tourism orientated land uses.
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The predominant tourist facilities in the surrounding area are restaurants and a nursery which accommodates a small tea garden. Examples of tourist facilities evident in the surrounding area include the following:
Cathy and Remy Restaurant
Pembreys Restaurant
Cycads for Africa
Integrated Development Plan (IDP) and Spatial Development Framework (SDF) of the Local Municipality (e.g. would the approval of this application compromise the integrity of the existing approved and credible municipal IDP and SDF?).
According to the Knysna SDF the application area is earmarked as rural cluster or node as described in
paragraph 6.1.2.a (IV)1. The application area forms part of the rural clusters identified in Belvidere North.
The Knysna SDF describes this area as rural and agricultural in character, although commercial agriculture
might not be actively pursued in many cases. While very limited municipal infrastructural investment should
occur, guidance is required for management of land-use within these settlements.
Land-use Management Guidelines for rural clustering include:
Their agricultural character must be maintained;
This applies to the aesthetics, and number of buildings, and minimum erf sizes;
A minimum subdivision size of 3ha or greater, depending on the ruling order property size in the
node would apply;
The primary right would be a dwelling house, essential outbuildings, and such agricultural buildings
as are necessarily required for bona fide agricultural activity on the property;
Options for rural recreational and economic opportunities could be considered, as long as it is in
keeping with the rural character
No municipal infrastructural services are to be delivered in the short to medium term. Scenic Routes The Brenton District Road 1600 is classified by the Knysna SDF as a Scenic Route2
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This route should be a carrier of people (locals and tourists) travelling (bicycle & motorised transport) to specific destinations, and having coordinated nodal stops (viewpoints) at specific points, where people have the opportunity to stop and enjoy the scenery.
The property is located in ward 5 according to the Latest IDP review 2016/2017there are no development projects
for this specific location in ward 5. However the proposed development is consistent with the following strategic
objectives:
To create an enabling environment for economic growth that attracts investors, encourages innovation and facilitates pro-poor interventions
To promote access for all citizens to equitable, appropriate and sustainable infrastructure and services within a safe
environment
Above information extracted from Marike Vreken Urban and Environmental Planners report March 2016.
Approved Structure Plan of the Municipality
There is no approved structure plan for this specific location.
An Environmental Management Framework (EMF) adopted by the Department (e.g. Would the approval of this application compromise the integrity of the existing environmental management priorities for the area and if so, can it be justified in terms of sustainability considerations?)
Regulations for the proper Administration of the Knysna Protected areas were promulgated in December 2009. In short these regulations declared all land within 50m from the Knysna Lagoon as “Development Control AREA” under the jurisdiction of the South African National Parks. It requires that any development within 50m of the high water mark to obtain written approval from SanParks before any development rights are granted
Draft Western Cape Rural Development Guidelines (2009)
The Western Cape Provincial Government has developed guidelines to provide guidance to its social partners on
land use planning and management outside the urban edge (i.e. in rural areas). Forming part of the roll-out of the
Provincial Spatial Development Framework (PSDF), their objectives in introducing rural land use planning and
management guidelines are:
To promote sustainable development in appropriate rural locations throughout the Western
Cape, and ensure that the poor also share in the growth of the rural economy.
To safeguard the functionality of the province’s life supporting ecosystem services (i.e.
environmental goods and services).
To maintain the integrity, authenticity and accessibility of the Western Cape’s significant
farming, ecological, cultural and scenic rural landscapes, and natural resources.
To provide clarity to the provincial government’s social partners on what kind of development is
appropriate beyond the urban edge, suitable locations where it could take place, and the
desirable form and scale of such development
According to these guidelines, the principles underpinning the Western Cape’s rural land use management
guidelines are as follows:
Decisions on rural development applications should be based on the following sustainable land
use principles:
o social inclusion,
o effective protection and enhancement of the environment,
o prudent use of natural resources, and
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o maintaining high and stable levels of economic growth.
Good quality and carefully sited development should be encouraged in existing settlements.
Accessibility should be a key consideration in all development decisions.
New building development in the open countryside away from existing settlements should be
strictly controlled regarding scale, height, colour, roof profile, etc.
Priority should be given to the re-use of previously developed sites in preference to greenfield
sites.
All development in rural areas should be well developed and inclusive, in keeping and scale with
its location, and sensitive to the character of the rural landscape and local distinctiveness.
Detailed management guidelines are presented for the full spectrum of rural land uses. The provincial
approach to managing the various rural land uses is as follows:
Conservation use: Biodiversity, heritage and scenic resources all form part of the rural conservation agenda, both at landscape and farm scales. The approach is to formally protect priority conservation areas, establish ecological linkages across the rural landscape, and mainstream a conservation ethic into all rural activities.
Holiday accommodation: Given the Western Cape’s unique rural communities and landscapes, tourism offers exciting prospects to diversify and strengthen the rural economy. Accordingly the provincial approach is to facilitate the provision of a variety of holiday accommodation across the rural landscape that is in keeping with the local character.
Rural Housing: Towards integrated rural development and sustainable human settlements in the Western Cape, new housing development beyond the urban edge urgently needs to be curtailed. The provincial approach is to channel pressures for residential development to existing towns, villages and hamlets. The only two exceptions put forward for housing development in the rural landscape are: providing ‘on-and-off farm’ security of tenure for farm workers; and providing restricted residential rights to incentivise the consolidation of rural properties of high biodiversity value and their incorporation into the conservation estate.
Tourist facilities: Towards diversifying the Western Cape’s rural economic base into the tourism and recreation sectors; and developing these sectors on a sustainable and equitable basis – the provincial approach is to facilitate appropriate investment in these sectors across the rural landscape.
The surrounding area is characterised by several resort developments which include a variety from chalets,
eco estates and nature sensitive residential estates. The proposed restaurant will contribute to diversity in
tourist facilities evident throughout the Belvidere area strengthening economic development ultimately
strengthening the economic sector. The proposed development will also aim to conserve, rehabilitate and
strengthening the existing biodiversity properties to achieve a higher conservation value of which would be
beneficial to surrounding property owners.
Above information extracted from Marike Vreken Urban and Environmental Planners report March 2016.
Does the community/area need the activity and the associated land use concerned (is it a societal priority)? (This refers to the strategic as well as local level (e.g. development is a national priority, but within a specific local context it could be inappropriate.)
The proposed development will benefit the area by brining tourist to the area, but it is not seen as a national
priority.
According to the Knysna Spatial development framework the tourism industry is an integral part of the Knysna Municipality’s economy. The proposed restaurant and resort unit will contribute to tourism industry and will facilitate economic opportunities and facilitate skills development resulting in the creation of permanent and temporary jobs. The proposed development will contribute the creation of the following employment opportunities.
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Restaurant manager
Kitchen Staff
Chef
Waiters
Maintenance staff
Cleaning Staff
Farm Stall staff
Therefore, the proposed development will contribute to economic expenditure within the Knysna Municipality and could prove to be directly responsible for the financial gain for employees and their families should the development proceed. Above information extracted from Marike Vreken Urban and Environmental Planners report March 2016.
Are the necessary services with adequate capacity currently available (at the time of application), or must additional capacity be created to cater for the development?
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Electricity
There is an existing 11kVa Cable along the south west boundary of the property. Eskom is the owner of the electrical line. Power supply to the property is provided directly from Eskom to the restaurant, residential dwelling and farm stall. It should be noted that all electrical elements on the property will be substituted by solar geyser and solar panels to mitigate the power demand by the proposed development
Water Supply
Knysna Municipality will supply water to the development. There is a historical borehole on site which can be harvested for water supply. The main supply will be augmented with rain water.
The nearest Municipal water pipeline is at Upper Belvidere. A pipeline will be required from Upper Belvidere to the development. The proposed pipeline route is 700m.
A copy of confirmation from Knysna Municipality that the municipality will indeed be able to provid